I am, at best, and infrequent blogger.  I simply refuse to hire someone to blog for me, (which I understand is the norm, and not the exception), because I think that a blog is personal, and is intended to give my personal insights and feelings.  so that is my weak explanation for my long gap between posts.

At any time, in our practice, there are 4 or 5 cases in the appellate courts.  Over the years, a number of those cases were decided at the Florida Supreme Court.  An abbreviated list of some of the cases is here on our website: http://www.liggiolaw.com/lawyer-attorney-1246051.html

Especially in the past decade or so, getting our cases resolved in court has become increasingly difficult, primarily because the Florida legislature has repeatedly cut the budget for the courts.  The Florida civil justice sytem is strained almost to the breaking point, we don’t have enough judges, the judges we do have don’t have enough staff, and as a result even scheduling a hearing is a challenge.

The Courts are the third, independent branch of our government, both here in Florida and elsewhere.

Believe me, we don’t win all of our cases, and while we don’t always agree with the rulings of our courts.  All we all want, and all any of us should expect, is a fair and equal shot, by judges who call the balls and the strikes right down the middle, without any thought of political consequences.

This year radicals, have mounted a campaign against three experienced, down the middle Florida Supreme Court Justices, who are up for Merit Retention on election day.  I can tell you unequivocally, although we haven’t won every case and issue at the Florida Supreme Court,  if nothing else, PLEASE visit this website to educate yourself:

http://www.defendjusticefl.com/justices

Make sure when you vote, you do not just vote for Presdint, Senator and Congressional Representative, make sure you vote to retain these terrific Justices.

I, along with two of my best friends, who are terrific trial lawyers, Louis Silber and John Romano, (our local Palm Beach County Legal Dream Team!), have had the very great pleasure of representing our Palm Beach County Tax Collector, Anne Gannon, against the on-line travel industry in litigation over the on-line travel companies’ liability for Tourist Development Taxes.

We settled the case late last year, although there is no admission of liablity in the settlement by the on-line travel companies, who were represented by a terrific legal team, led here in Florida by my worthy opponent, Steve Siff.
Anyway, we got a little good press today in the Palm Beach Post that I thought I would share:

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I’m back….. I’m at BEST an occasional blogger…….. I believe very strongly that I’d prefer to not blog at all, or to be very occasional, instead of hiring a professional blogger to post entries for me.

Each of us has developed our own unique way of speaking and writing, and I believe that that quality of communication is far more important than repetition by someone who is hired to speak/write for me. With that said, these past few months have been very hectic and intense, and a lot of good things have happened during that time, and are happening as I type this.

So, I’m going to type several posts to let you know what’s going on, and perhaps that will motivate me to be a more regular blogger, and provide some real, valuable, content, in my own words, from my own standpoint.

A good read for those with tough choices to make regarding health insurance plans.

http://money.cnn.com/2011/09/26/pf/open_enrollment.moneymag/index.htm

Some sound advice, especially during hurricane season in South Florida.

http://money.cnn.com/2011/08/09/real_estate/homeowners_insurance.moneymag/index.htm

Hi, thanks for joining me here on my maiden voyage onto the Florida Insurance Law Blog. For my first entry, I’d like to address a common misconception regarding auto insurance that I’ve repeatedly encountered during my short, yet-oh-so-illustrious, legal career: The “Full Coverage” Fallacy. “Full Coverage” is almost always the response I get when asking friends, family, or potential clients about their auto insurance coverage. “Full Coverage” is the predictable and common response across all socio-economic and educational backgrounds, gender and races. The problem with the “Full Coverage” answer is that it doesn’t make any sense…from a legal standpoint anyway.

There is no such thing “Full Coverage” in Florida.

To the contrary, Florida law only provides that drivers carry a “minimum” level of coverage – $10,000 in Personal Injury Protection (PIP), which covers your own medical expenses incurred as a result of an auto crash, and $10,000 in property damage coverage (for more info on Florida’s insurance requirements see http://www.flhsmv.gov/ddl/frfaqgen.html). Note that Florida law doesn’t even require you to purchase Bodily Injury (BI) coverage, which serves as a financial safeguard in the event that you are sued for causing an accident. By way of an oversimplified example, let’s assume you have $100,000 in BI coverage; you cause an accident and get sued. In that case, your BI coverage would cover you for any amount up to, and including, $100,000 in damages that the other driver might win against you. But wait, here’s where it gets interesting….

Let’s keep running with that same example: Let’s also assume that you earn $750,000 a year (I know, I wish too), and that you have hundreds of thousands of dollars in non-homesteaded property and assets. Let’s also assume that the person suing you was seriously injured and underwent surgery as a result of the accident you caused. Now, with those facts, that $100,000 in BI coverage doesn’t sound so comforting with all of those assets on the line. With the additional facts of this example, you could now find yourself in a position where you could/would be held personally responsible to pay for the injured person’s damages which exceed your BI policy limits. In other words, if the other driver were to win, for example, a $250,000 judgment against you, you could be on the hook for the other $150,000 in excess of your policy limits. This is an example as to why THERE IS NO SUCH THING AS “FULL COVERAGE” – too much insurance for one could mean, and often does mean, dangerously inadequate insurance for another. There is no “full coverage” standard. Sufficient coverage is solely dependent on your own personal circumstances, including your current and anticipated financial circumstances. I’ve known far too many young CPA’s, lawyers and doctors, who carry far too little insurance coverage just because they want to save a buck on the premiums. Trust me, I don’t enjoy handing over money to those corporate conglomerate insurers, but it makes it easier to swallow when you think about what is at stake should you purchase too little coverage. It is also important to remember that there are legal remedies available to an insured if their insurer fails to live up to its end of the bargain.

Remember, although the law does require you to purchase minimum levels of insurance, you should purchase enough insurance to fully protect your assets. In theory, if you’re truly seeking “full coverage,” then you must examine your own personal financial circumstances and obtain sufficient coverage that will protect your assets should you ever find yourself facing a lawsuit. If necessary, meet with a licensed and qualified financial and/or insurance professional to find out how much coverage is right for you.

Now, please note these examples only address the “Full Coverage” fallacy from the BI standpoint, which examines situations where you might find yourself being sued for causing bodily injury. In my next installment we’ll chat about what is known as underinsured/uninsured motorist coverage (commonly known as UM coverage), which is insurance that will protect YOU if you’re injured at the hands of an uninsured/underinsured driver.

Until then..

Have fun. Be good. Be safe. Be educated.

Mike Santana

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Yesterday Governor Scott signed the new insurance “reform” package into law. Our poor insurance companies have already adopted Governor Scott’s slogan: “Let’s get to work!”……jacking up the premiums.

I just heard from a friend, although she’s had no claims, her bill for her homeowner’s insurance just arrived, and it has doubled!

Welcome to the new Florida insuarance DEform…stand by everyone.